TERMS & COnditions

By the Service Agreement (as defined below) incorporating these Meta General Terms and Conditions of Service (“Terms and Conditions”) below, You (“You”) and the Meta entity defined in the Service Agreement (“Meta”) agree to be bound by the Agreement (as defined below), which will govern Your use of the Platform (each as defined below) provided by Meta. The “Effective Date” refers to the effective date set forth in a Service Agreement. All Service Agreements signed by Meta and You, on or after the Effective Date, these Terms and Conditions, and any other terms and conditions set forth in, or incorporated by reference in, these Terms and Conditions or in any Service Agreement shall be deemed to form one and the same agreement (all of the foregoing are collectively the “Agreement”). You agree, without limitation or qualification, to be bound by and to comply with these Terms and Conditions. 

Our Terms

  1. These Terms explain how you may use the Meta Platform.

  2. References in these Terms to the Site includes any platforms and all associated subdomains and web pages: www.[platform].meta.live

  3. You should read these Terms carefully before using the Site.

  4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

  5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

  6. If you have any questions about the Site, please contact us by: e-mail: data@meta.how

  7. We are a member of the following association(s): The Digital Production Partnership (hereafter our "Associations")

  8. Your use of the Site means that you must also comply (where applicable) with: our Privacy policy

  9. Meta reserves the right, at its sole discretion, to alter or update these terms and conditions or the services at any time with or without notice including, without limitation, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. The changes will be effective immediately when posted. by continuing to use the services after any such changes, you agree to be bound by subsequent changes and acknowledge that meta shall have no liability to you as a result of any such changes. 

Using the Platform

  1. The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use Meta Data Systems Limited grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  2. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

  3. You may not attempt to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password "mining", hacking or any other illegitimate means.

  4. You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

  5. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

  6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

  7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

  8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  9. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

  10. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

  11. You agree that you are solely responsible for:

    1. all costs and expenses you may incur in relation to your use of the Site; and

    2. keeping your password and any other account details confidential.

  12. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at data@meta.how.

  13. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

Ownership, use and intellectual property rights

  1. This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

  2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

  3. Meta (and its licensors, where applicable) owns all right, title, and interest, including all related Intellectual Property Rights, in and to the Meta Technology and the Services. Meta hereby retains administrative access to all Meta Technology provided to You under this Agreement. You shall not, at any point during the Term of this Agreement, obstruct or attempt to interfere with Meta’s access to the Meta Technology provided to You under this Agreement. Any such attempt to circumvent Meta’s access to the Meta Technology will be deemed a breach of Your obligations under these Terms and Conditions, and Meta may suspend the Services.

  4. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Services, Meta Technology or the Intellectual Property Rights owned by Meta or its licensors.

  5. For avoidance of doubt, You retain all right, title, and interest in and to any products or services and marks owned or controlled by You. All other rights in and to any products and services not expressly granted under this Agreement by You are hereby reserved by You. The names, logos and product names associated with Your products and services are your trademarks or service marks and no right or license is granted to use them hereunder.

Accuracy of information and availability of the Site

  1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

  2. We may suspend or terminate operation of the Site at any time as we see fit.

  3. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

  4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

  • losses that:

    1. were not foreseeable to you and us when these Terms were formed; or

    2. that were not caused by any breach on our part

  • business losses; and

  • losses to non-consumers.

UNDER NO CIRCUMSTANCE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, OR COST OF REPLACEMENT SERVICES OR TECHNOLOGY.

Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.

  2. If you are unhappy with us please contact us as soon as possible.

  3. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

    1. let you know that we cannot settle the dispute with you; and

    2. consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

  4. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

  5. Relevant United Kingdom law will apply to these Terms.

General Obligations

  1. Subject to these Terms and Conditions, Meta agrees to provide to You during the applicable Service Agreement Term, and You agree to pay for, the Services as set forth in each Service Agreement accepted by Meta and You.

  2. While Meta utilises certain Technology at Meta’s facilities as necessary to make the Services available and to store certain Assets You provide, You are solely responsible for providing hardware, software, power, Internet connectivity and bandwidth necessary for You to access and utilise the Services. You shall not modify the Meta Technology, including, without limitation, the installation of unauthorised software or the modification of software or hardware contained on such Meta Technology, without Meta’s prior written consent authorisation such modification.

  3. Meta is not responsible for, and Your obligations under this Agreement are not relieved by, Your inability to access or utilise the Services or Meta Technology due to issues related to Your failure or inability to provide appropriate hardware, software, power and Internet connectivity and bandwidth.

License

  1. Subject to Your continued compliance with the Terms and Conditions of this Agreement, Meta hereby grants You a non-exclusive, non- transferable, terminable as permitted herein, personal but sublicenseable (solely to Your corporate Affiliates or subcontractors who have been appointed by You to operate Your products or services) right and limited license to access and use a given Service only during the Service Agreement Term under which the Services are provided to You.

  2. Access and use of a Service shall be limited by use of usernames and passwords (“Credentials”). You are responsible for all activity occurring in Your account. Except where Meta has actual notice of loss, theft or unauthorized use of Your Credentials, Meta shall have the right, without further inquiry, to rely on provision of Your Credentials as sufficient to authenticate Your use of the Services.

  3. Except as expressly permitted under this Agreement or expressly authorized by Meta, You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Meta Technology in any way, including without limitation any license that accompanies such Services or Meta Technology; (ii) copy, modify or make derivative works based upon the Services or Meta Technology; or (iii)reverse engineer or access the Services or Meta Technology in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services or Meta Technology.

  4. To the extent permitted by law, Meta may track, capture and own user data and usage data primarily for optimizing the Services and Your and the end users’ use of and benefit derived from the Services.

Your Obligations

You covenant and agree not to:

  1. use the Services, or collect, use, or disclose any personally identifiable information of any person, in any illegal or unlawful manner or for any illegal or unlawful purpose;

  2. use the Services in a manner which is intended to interfere with or disrupt Meta’s or its customers’ use of the Services.

Additional Limited Warranty

Meta represents and warrants that, during the applicable Service Agreement Term:

  1. it will provide the Services in a professional, workmanlike manner consistent with general industry standards and the Service Level Agreement (“SLA”).

  2. it will perform its obligations under this Agreement in accordance with all applicable laws, rules and regulations; and

  3. to the knowledge of Meta, the Services and Meta Technology do not and will not contain any virus or any other contaminant, disabling devices or other code that may compromise the operation or security of Your website or other services.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO THE OTHER PARTY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR SUITABILITY, OR WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES, META TECHNOLOGY AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS ONLY.

Confidentiality

  1. “Confidential Information” means any and all information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), either directly or indirectly, in writing, orally or by inspection of tangible objects, which if disclosed in writing or tangible form is marked as “Confidential,” or with some similar designation, or is identified as being proprietary or confidential at the time of disclosure, or by the nature of the circumstances surrounding the disclosure should reasonably be treated as proprietary or confidential.

  2. The Disclosing Party further acknowledges that the Receiving Party may currently be developing information or may in the future develop information, may be receiving or may in the future receive information, or may be exploring or may in the future explore other opportunities, any of which may be similar or related to the Services being provided under this Agreement or the Disclosing Party’s Confidential Information. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Receiving Party will not develop or have developed for it products, services, concepts, systems or techniques that are similar to or compete with the products, services, concepts, systems or techniques contemplated by or embodied in the Disclosing Party’s Confidential Information, provided that the Receiving Party does not otherwise violate its obligations under this Agreement in connection with such development.

English Language

This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the Parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

PRIVACY POLICY

Meta only collects the minimum information we need to provide services to you reliably and securely.

When you visit any Meta Platform, we record your IP address, details of the device you use to connect (e.g., operating system and web browser) and the list of pages you visit through an anonymised cookie. In addition, if you have a user account we require your first name, last name, email address and a password for login & authentication. We only store an encrypted hash of this password. This information forms your “Personal Data”.

Note we do not record any sensitive personal data as defined by the EU General Data Protection Regulation (GDPR).

We collect this Personal Data to; authenticate your access and to ensure no unauthorised user can access our products or your data, to keep an audit trail of who makes changes to the data and for our internal operations, including: troubleshooting, data analysis and research and security monitoring. We will never use your Personal Data for marketing purposes or sell your Personal Data to third-parties. Personal Data Is stored in the European Economic Area (“EEA”).

The data processor is Meta Data Systems Limited, of Studio 2, 61 Ridge Road, London, N8 9LJ, United Kingdom. Email: data@meta.how

We may share your Personal Data only in the following circumstances: Mergers and Acquisitions and Law Enforcement Authorities. Users would be notified in advance of any change in the company ownership.

If you’d like to access and/or update the personal information you have provided to us you may do so by selecting the “User account” tab in the top-left menu of the platform.

In addition, if you are a resident of the European Union, you have the right to request access to and correction of the Personal Data that we hold about you. This right of access and correction can be exercised in accordance with the EU General Data Protection Regulation (GDPR), by contacting data@meta.how

Updated 15.10.18.